SHIBBA @ SHIVCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) RESPONDENT/ State by Shri Mohd. Irshad, Panel Lawyer.

(2.) HEARD on I.A.No.13612/11, which is third application under Section 389(1) of Code of Criminal Procedure, 1973, for suspension of execution of the sentence and grant of bail filed on behalf of the appellant No.4, Vinod. His first application was dismissed as withdrawn vide order dated 21/7/11. The subsequent application was also dismissed as withdrawn vide order dated 09/09/11.

(3.) THE appellant is serving the sentence since the date of the judgment, i.e., from 24.03.11. The appellant has no criminal antecedents. The coappellant, Santosh has been enlarged on bail by this Court vide order dated 21/07/11. The fine amount has already been deposited. The final disposal of the appeal shall take time. On these grounds, the learned counsel prays that execution of the jail sentence of the appellant may be suspended and the appellant may be enlarged on bail.